Is it legal for your would-be employer to change your hourly rate after a verbal agreement?
Last week my Fiance was recently offered a job to work at a Memorial Care hospital. The Hiring Manager and HR Manager called him to confirm that they are hiring him and he could start working next week. They offered him a salary of $27.50 per hour plus overtime. On the same day, he was offered another job from a different hospital, but he declined because he already accepted this previous job offer. He then asked the Memorial Care hospital to send him a paperwork about his hiring. The Hiring Manager told him not to worry and everything's taken care of.
Tonight he got a phone call from the HR Manager that they are changing his hourly rate to $6.00 less. He said that his position is not a management position and they are hiring him from another Memorial Care division, not from outside sources. He even aded that it's the company policy. Do you think it's legal? How would you handle this situation?
2007-01-24 18:37:49 · 7 answers · asked by Sweetie 3 in Politics & Government ➔ Law & Ethics
It's a position as a Business Analyst in Risk Management
2007-01-24 18:46:10 · update #1
Well you've got a lot of "ifs" in there. There are going to be some important things that will determine if what they did was allowed.
First is exactly what happened in the conversation between him and the hospital. Did they make an offer? Did he accept right then? If he didn't accept right then, then you're out of luck. You can change an offer at any time before it's accepted. If he DID accept you may have some sort of case.
Oral contracts are binding. Note, this doesn't mean they did anything illegal by breaching it, just not nice. Fortunately it may be something not nice that you can sue for. The thing is, it's possible it would be a waste of time too. If the other job payed teh same, he'd need to call and see if the offer still stands. If it pays less, he should see if he can get it anyway. How much the other job payed as well as the differance between the two are going to determine how much money he can get. Let's say the other place pays 1 an hour less. Well that's what you could win, a dollar an hour. You have to get someone in to calculate the average amout of time in that posistion, what amount youlost by losing that1 n hour, differances in benefits etc etc.
This is just the basics. A lot is going to depend on what state you live in, any special laws, and a million other things. If you want to sue, or even to consider it, talk to a lawyer. They'll usually hear you out for free and tell you if what you have is worth working with. Just to be warned, it may not be enough moneyt o get an attorney on a contingency fee (that is he works for free if you lose) and if he's not on contingenc, well let's just say if he's not on contingency i probably costs too much.
2007-01-25 04:42:28 · answer #1 · answered by govnathan 3 · 0⤊ 0⤋
Well, it's tough to prove is the problem. While he *might* be able to sue, it would be hard to win.
The practical suggestion? Take this position (assuming he's not working right now) and look for a new one. (Depending, contact the other place that offered him a position and explain that there was a misunderstanding - is that position still available?)
If he is working - skip this place - you don't want to work for a place that is going to jerk you around.
But sorry, while he might be able to sue for detrimental reliance, he will have trouble proving it if the offer was only verbal.
2007-01-24 18:46:06 · answer #2 · answered by tigglys 6 · 0⤊ 0⤋
Unfortunately, it is legal. They have the right to set the pay; your fiance has the right to accept or decline it. This isn't the first time I've heard of something like this happening.
What your fiance really needs to consider is this: If this company is willing to pull something like this, does he really want to work for them? Consider what else they might try to pull.
2007-01-24 18:58:51 · answer #3 · answered by Bael 4 · 1⤊ 0⤋
Always get an agreement for wages and working conditions in writing, otherwise it is not legally binding to either parties.
2007-01-24 19:02:00 · answer #4 · answered by wheeliebin 6 · 0⤊ 0⤋
Yes. $21.50 an hour is very good for janitorial work. 45 million people in this country do not have jobs or have jobs that they can't live on, I wouldn't gripe; learn from this lesson.
2007-01-24 18:43:36 · answer #5 · answered by Anonymous · 0⤊ 1⤋
You are aware an Indian, Chinese or Mexican will do exactly the same job for $10.00 USD per hour, right?
2016-05-24 06:45:48 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I believe it's legal, but if you can't deal with it go somewere else.
2007-01-24 18:46:43 · answer #7 · answered by Anonymous · 0⤊ 0⤋